UPDATE: The Claremore Progress reports that RSU has hired a new full-time therapeutic riding instructor, Elizabeth Capalbo, for the Bit by Bit program. Her credentials, like Ms. England’s, look great. But as I said with the announcement of Ms. England, the hiring of great personnel does nothing to change bad behavior of the past, and if nothing changes in the way Bit by Bit is administered by RSU execs, these great staffers will soon be facing the same frustrations and asking the same questions that led to the recent departures of Milliman, Switala, and Hart. Here’s hoping the someone, somewhere learned something. We continue to share our deep concern about those who have given so much of themselves to make Bit by Bit what is it, only to have their service and dedication discarded so shabbily. (On a side note, and this goes far beyond RSU, I have recently become somewhat concerned at the notion of doing a “nation-wide search” as a means of recruiting talent. Nothing about being from far away gives anyone more or less skill in certain areas. It simply makes them from far away. It’s not wrong to look broadly, but if it is used as a maneuver to neglect and/overlook genuine talent in your own backyard, something’s not right. And let’s not forget that when brother Joe Wiley departed RSU for greener pastures in Tennessee, the transition was too delicate to wait on a nationwide (or, heck, multicounty) search. Dr. Rice was designated very quickly. Just my opinion, which may or may not be worth exactly what you paid for it.)

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I have a wicked head cold and work is busier than busy, so I don’t have time to give many details, but I can make a few quick updates.

Megan Hart has also resigned from RSU’s Bit by Bit program. It appears she will be allowed to work out her notice (but seriously, how could she not, there’s no one left). It appears Ms. English will have a very clean slate when she arrives.

There’s been another firing resignation in another department at RSU. I’ll add more as I am able.

You Welchites, don’t forget the Welch Public Schools Enrichment Banquet tonight at 6:30. I’ll be there, head cold and all.

The WynnBlog originally reported, August 28, 2008, on the wrongful termination lawsuit filed against RSU by former Bit by Bit director Jana Walstrom, in this post.

I did a follow-up post January 23, 2009, in this post.

With the recent mess at Bit by Bit due to Dr. Ray Brown’s termination of interim director Trista Milliman, I thought the Walstrom case worth revisiting. I’m glad I did, because Walstrom’s case is very much still alive.

Here’s the quick and dirty background. Walstrom filed her suit against RSU, its regents, and Dr. Larry Minks and Ms. Linda Andrews, two RSU administrators (at that time; Minks has departed, Andrews remains) in Rogers County District Court, which is the state court having jurisdiction over RSU, which is located in Claremore, Rogers County, Oklahoma. Walstrom alleged some very serious acts on the part of RSU, through Minks and Andrews, which, if true, should scare anyone from working for RSU ever again. There were also several similarities between Walstrom’s allegations and those made in other suits against RSU and its agents (yes, there have been several).

Back to Walstrom. RSU’s attorneys pulled a maneuver whereby they moved to have the case removed from the state court to federal court. The Rogers County courts have delivered some fairly harsh decisions against RSU in the past, and it’s likely that RSU attorneys view the federal court friendlier to their client. There’s another reason as well. It’s the Eleventh Amendment to the U.S. Constitution, which states:

The Judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by Citizens of another State, or by Citizens or Subjects of any Foreign State.

For all practical purposes, the courts interpret this to mean that U.S. states cannot be sued in federal court, for which the term is “sovereign immunity.” This is not absolute, and there are a couple of exceptions. One of these exceptions is if a state gives permission to be sued in federal court, the federal court then has jurisdiction to hear the case. In the Walstrom case, RSU’s attorneys filed a motion to move the case from Rogers County court to the federal courts, the United States Court for the Northern District of Oklahoma, based in Tulsa. Once in federal court, RSU’s attorneys then moved to dismiss the case because, they allege, RSU (an arm of the State of Oklahoma) is immune from suits in federal court because of the Eleventh Amendment. Pretty snazzy, huh? Move to go to federal court, then move to dismiss because you’re immune to federal court, and call it a day.

To me, as a non-attorney, is seems preposterous that a party could make the motion to move a case to federal court then claim it hadn’t given permission to be sued in federal court. But the argument has been successful before, which, one assumes, is why it was tried again. But this time, the court reached the same conclusion I did, Judge Eagan ruling that RSU’s motion to move the case to federal court granted Walstrom permission to sue it in federal court, stating:

Plaintiff argues, and the Court agrees, that removal of a case to federal court constitutes an intentional waiver of the RSU’s defense of sovereign immunity. … Therefore, RSU has waived its Eleventh Amendment immunity and it is not immune to plaintiff’s wrongful termination claim.

Win one for Walstrom.

Because the case was not dismissed, the federal court went on to Walstrom’s claim that her Constitutional rights were violated by Dr. Minks and Ms. Andrews, who were acting under the color of state law, which is referred to as a §1983 claim (after the numbered section in which it appears in the statutes). There is a precise methodology for stating a claim under §1983. In the Walstrom case, the federal court ruled that Walstrom had failed to state a claim, meaning that she did not adequately meet the requirements of a 5-prong test in her allegations. The court’s opinion is that the Walstrom didn’t satisfactorily satisfy the 5-prong test, so her §1983 claim was dismissed.

Win one for RSU.

Since the §1983 claim was the only federal issue of Walstrom’s case, the court then ruled that state court is the best place for the remaining issues, all related to Oklahoma state law, to be decided, thus the federal court declined to exercise jurisdiction over what remains of the case and remanded it back to Rogers Country District Court for further action. So, Walstrom’s case is back in Judge Post’s Claremore court.

Win one for ??? Only time will tell. Rogers County judges have been fairly good at getting to the truth and issuing good opinions. We’ll see if that remains the case. I have every confidence Judge Post will do well. According to OSCN, the parties have agreed on a scheduling order. I’ll try to get by the courthouse this week and see what else has been filed recently.

And that’s all I have to say about that (for now). If you’d like to see the court document I have referenced for this post, it is here. Feel free to comment if you feel I have made an error in my analysis. I’ll be glad to correct mistakes.

And special thanks to the WynnBlog friend who helped me get the court document. You know who you are.

KOCO reports that Tywone Parks has been sentenced to ten years in prison for plotting a shooting spree at Rogers State University in Claremore, Okla.

You may recall that the WynnBlog was instrumental in breaking news of the incident when it occurred. (Click here to see all WynnBlog posts in the Tywone Parks category.) Court records show that Parks pleaded no contest to the charges. Though KOCO reports he was sentenced to ten years in prison, Oklahoma State Courts Network data shows Parks’ sentencing was postponed from today (May 21, 2009) to June 11, 2009. Not sure why the discrepancy. I’ll keep my ear to the ground.

I have endeavored to keep the public up to speed on the court cases against Rogers State University (and former RSU president, Joe Wiley, among others).

In the first place, there is Marilyn Goff’s case. Read previous posts about the case here:

• RSU/FHU President Joe Wiley Sued for Wrongful Termination (Again!)
• Joe Wiley Lawsuit Update
• Court Documents for Goff v. Hukill, Wiley, et. al.
• Judge: Wiley’s Previous Evasion of Service Not Pertinent in Current Case
• Joe Wiley Lawsuit Update 7/28/2008

The case was moved from Rogers County District Court, where RSU has previously not fared well, to the U.S. Federal Court for the Northern District of Oklahoma (based in Tulsa). The federal court system provides online access to court documents for $.08/page. Since I’m paying for them, I am sharing them here as a public service. All the documents can be views on my Goff v. Wiley page. I won’t go into great detail here, but I will mention a few highlights.

RSU’s attorneys asked to stay the case until one of RSU’s attorneys returned from active military duty in Iraq. The judge recently required RSU to state whether this attorney, Steven Ashmore, had returned from Iraq. RSU responded that he had, though the attorney for RSU also notified the court that she would be on medical leave from Feb. 5-May 11, 2009.  RSU also filed a motion to dismiss the case for various reasons. The judge denied their motion and, I assume because Mr. Ashmore is back, has issued a scheduling order. This means the case is now set for a jury trial, albeit over a year from now (2/16/2010). Goff’s attorney seems to be more skilled than those previously trying to get RSU and its actors brought before a jury in federal court. I’ll provide more updates when I can.

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In the other case against RSU and Joe Wiley, among others, filed just before Wiley left RSU to head up Freed-Hardeman University in Tennessee, Jana Walstrom sued for wrongful termination. Read my previous post about this case here:

• Deja Vu All Over Again -or- RSU Sued for Wrongful Termination (Yes, Again!)

There’s been no media coverage of this case that I know of (other than on the WynnBlog). The Oklahoma court database shows that the case was stricken because neither party showed up for a December 2008 court date. Then in 2009 a new attorney made an entry of appearance, and attorneys for both parties appeared before Judge Post January 14, at which point the following was recorded:

MOTION TO STRIKE IS MUTE [sic]. WHISTLEBLOWER ACT AND BREACH OF CONTRACT CLAIMS ARE DISMISSED.

Looks to me as if there may have been a settlement, but I can’t be sure until I visit the courthouse to see the documents. I’ll try to do that this week.

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And in the matter of Tywone Parks, the Claremore Progress covered his most recent court appearance. Progress reporter Tom Fink reported that evidence was presented against Parks, whose attorney argued that the statutes Parks is accused of violating is unconstitutional. Judge Steidley took the issue under advisement and will issue a written order. As it stands now, Parks is scheduled for a jury trial April 6, 2009.

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And that’s it for this update. I’ll try to do a better job of keeping things updated.

A little birdie tells me strange things are afoot at RSU this week. Post details in the comments if you have them.

I’ll share more as I am able to confirm.

RSU President Dr. Larry Rice today made his State of the University address. I was in attendance, though not warmly greeted.

Let’s say it this way: I’m 6′4″ tall and even the fake weight on my driver’s license is probably twice most normal men’s. I can’t really blend into a crowd; I don’t try. Additionally, my understanding was that the State of the University presentation was a public event. So, I went.

At just before 9 a.m., I walked into the Will Rogers Auditorium through the front entrance and took a center-section seat near the front of the auditorium. I hadn’t been there long when I was approached by my old friend Sharon Kern (you may remember her from my account of trying to serve legal papers on several RSU staff members (Kern is mentioned on pages 35ff on the PDF)). In her usual warm, friendly way, she walks up and says, “I’m Sharon Kern. Who are you?” with her hallmark passive-aggressive flair. I told her who I was, and she asked what I was doing there. I responded that I believed it was a public event. She informed me that it was for faculty and staff. I asked her if she was asking me to leave. Apparently, her authority ends with accosting members of the community at public gatherings because she said she’d have to go ask about that and let me know. She went and reported on me to the administrators and they huddled. It took them a while, but they must have decided I posed a threat somewhat less than the typical, rabid secretary because the presentation, replete with Brent Ortolani’s spellbinding circa 1997 PowerPoint slides (he even used the “Crawl In” text effect), finally started (about 20 minutes late) without any further contact.

I don’t have much to say about the report. It was the typical “how great we’re doing” presentation. In the “Challenges” section, there was no mention of the huge issues the university is facing with its federal grant programs. And, out of respect for Dr. Rice, I chose not to pose the question during the question and answer period. I hold out hope that he will answer those questions and make the needed changes at RSU.

For your listening pleasure, I provide an audio copy of the presentation on the WynnCast Blog. Too bad I hadn’t had time to get my recorder out when Sharon came to say hi.